Judge: Use email to serve court papers to Waynesboro Area school board member

CHAMBERSBURG >> A judge ruled Wednesday that the Franklin County District Attorney's office can use email to serve court papers to a Waynesboro Area school board member who prosecutors say is no longer eligible to serve because she now lives out of state.

In response to Rita Daywalt's absence during Wednesday's court hearing, Assistant District Attorney Zachary Mills told Judge Shawn Meyers his office has tried several methods to serve her in both Michigan and Pennsylvania with court documents informing her of the hearing.

Mills added he also tried to serve her through her divorce attorney. However, he said the attorney refused, stating that Daywalt instructed him not to accept them.

Mills also cited newspaper articles, one in which she talked to a reporter about the issue, as well as a faxed letter he received from Daywalt on Tuesday indicating she was aware of the case.

The civil court case challenges the legality of Daywalt's remaining on the Waynesboro Area School District board and attending meetings by phone and video teleconference — claiming she moved to Michigan last year and gave up her Pennsylvania driver's license when she obtained a Michigan license.

Mills said he has not yet hired a process server in Michigan to track Daywalt down and serve her because of the expense involved.

Meyers said he would approve a motion by Mills to seek other options for service, including electronic notification by email at the email address listed for Daywalt on the school district website.